Have you booked a package holiday or just a flight with Thomas Cook? I'm assuming that they are the travel agent for the flight rather than you travelling on a charter Thomas Cook flight.

This link might help you but I suspect;

1. The airline (you don't state which) has cancelled the flight and as they have provided more than 14 days notice they are not obliged to provide you with compensation.
2. Thomas Cook, acting as the agent, have offered you an alternative flight with another airline or on a different routing, not from an obligation on their part but to give you an alternative to travel. The extra cost would be down to you to decide if you want to take that new option.

If you have booked a package holiday and the flight element has changed then your rights to compensation would be different.

http://ec.europa.eu/transport/air_portal/passenger_rights/doc/2008_apr_leaflet/apr_leaflet_en.pdf

Here is the link to find the full text relating to your rights under EC Regulation (EC) 261/2004

http://europa.eu/eur-lex/pri/en/oj/dat/2004/l_046/l_04620040217en00010007.pdf

Yeah a package holiday. Flights, transport and Hotel etc

Have a look at the Safe and Sound booklet via the link in my signature as there may be advice in there appropriate to your case.

luci

Well if a package holiday you might have more luck reading through the booking terms and conditions from that tour operator. Compensation may be due if they cancel your holiday within a certain period of time before departure. The amount will vary between tour operators and works on a sliding scale of financial amount.

Hi Majestic,

I am not aware that Thomas Cook fly to Barcelona so I am not sure this is a package in the true sense of the word. Which airline were you flying with ? It looks to me that the Thomas Cook travel agent ( not tour operator )booked a flight with one airline then the hotel accommodation. This does have a bearing on their obligations and I think it maybe that they can offer you a full refund or an option of paying more for a different flight.

Kind Regards
Stewart

Hi
Is this booked as a package through Thomas cook signature city breaks or have they put a package together for you and bonded it under their atol number? and which airline has cancelled the service?

Hi
I don't know how to make a new post on here so hope you will forgive me for using this topic to vent my spleen so to speak.
Have returned from a fantastic holiday booked with Thomas Cook My only complaint is, well 2 actually but first things first, the flight home wasn't a Thomas Cook flight as it should have been it was with GADAIR, Spanish I think, the plane was filthy it must have been at least 30 years old the upholstery was worn down to a thread,no duty free service, no drinks offered until 2 and half hours into the flight no free headphones or on the outgoing flight (we had booked a select holiday) comments from other passengers "are we sure this can actually take off" one woman in particular was so scared she was wrapped round her husband like a frightened mouse, the noise was deafening we couldn't even hear any announcements, still even if we could we couldn't really understand them because of the Spanish accent of the staff. BUT my main gripe is this the plane was about half full, we had paid for extra legroom seats yet when the doors were finally shut (an hour late) two legroom seats adjacent to us were empty but not for long, people were changing seats some having 3 to lay down on. We had paid £100 for these seats and others were using them for nothing. My agent said this shouldn't have happened
We have another holiday booked with Thomas Cook this coming Xmas. I booked it in January this year but there were no Gatwick flights they were full, we really wanted this particular hotel so we agreed to fly from Manchester, not ideal its a 5 and half hour car journey for us. Anyway few weeks ago I decided to try and book the same holiday online to see what would happen and lo and behold gatwicks flights appeared I rang my local Thomas Cook and they said they could get it changed for us which they did, costing us more money but that didn't really matter, I had already booked the extra legroom seats for the Manchester flight so I called them and told the story and the woman said no problem we can change it to the Gatwick flight, she then said we could have them coming home but not going out, I agreed to this and I asked about the money i had paid and she said"You can have a refund or we can keep it for 12 months for you to use on another flight"" well after this last flight I was adamant after this Xmas holiday i wouldn't be using them again so I rang and asked for my money back. They are refusing to refund it. Their reason being its not their fault I changed the details to which I replied its not my fault there were no gatwick flights when I booked yet months later there are. I had even rung Thomas Cook airline to ask if they would be putting more flights on as it was only January and the holiday wasn't until December and they said no they wouldn't be. Can anyone tell me what my rights are. I have written to their customer services with both complaints but as yet no reply.
Sorry to be so long winded

Re Gadair aircraft. TCx have had to sub all A321 flights from LGW until the end of Aug, due to an A321 having heavy maintenance work in hanger in Manchester. This equates to two flights per day, the same flights every week.
If this was not done, anyone who was booked ot fly on A321 would have SEVERE delays. Gadair are in a sense, a lifesaver to TCX in keeping their passengers on track for their hols. Although cosmetically the a/c needs updating inside, its airworthiness should not be called into question, it is nowhere near 30 yrs old!

Re eXIT seats, if you pay prior to check in for these, you have GUARANTEED you get these, that is what you have paid for. If others get these free it does not entitle u to refund, annoyoing as it may seem. TCX crew now have option of charging for exits onboard, u can still buy them at check in also. If they were given free then they shouldn't have been. It may ave been noone wanted to buy them onboard, and crew sometimes HAVE to have somone sat by the EXITS in case of emergency, hence would then give them away

I will probably be in a minority here, but I feel somewhat sorry for the airline here. If they hadn't obtained a replacement aircraft, the poster would have faced an extremely long delay or cancellation and we would be hearing their complaints about that instead! It helps pass the time when you have IFE or meals etc. available but they aren't guaranteed. I believe the airline only has a contract with the passenger to get them from A to B.

The extra legroom situation is annoying when you have paid for these seats but at least they were available! We booked extra legroom seats once on a TCX flight to Cancun and when boarded found the plane was only 25% full and all and sundry laid down on three seats each and had a good sleep. We, of course, couldn't do this as our extra legroom seats have fixed armrests so we couldn't have laid down. I would have preferred to save £120 and lie down at the back but we were told by the crew that we needed to stay in the exit seats for safety in the event of an emergency.

Hope you had a good holiday despite the flight.

Hi all and thanks for the reply's,
Passengers were not asked to sit in the extra legroom seats they just did it after about an hour into the flight, in fact when someone was boarding they asked if they could move seats and was told when the doors are shut lets see whats left, and in actual fact I would have preferred to be have been delayed than travel on the pile of junk we had to! No skin off my nose if we got home later than expected. One poster says they are nowhere near 30 years old, if thats the case then they are in a terrible condition. I paid for a select holiday, not just to get me from A to B, yet what we paid for wasnt delivered on the homeward flight and in fact even on the inward flight some items were not delivered either,as for in flight entertainment LOL no headphones given out and on the return journey the screens in the middle of the aisles were not even turned on so it didnt matter no headphones were given out again! So, so much for IFE! I really didnt want to eat at that time of the morning (1am) a fish meal and thats why we didnt order any food, we ate at the airport before we left, much nicer and better quality and value than pre packed mini meals.
The holiday itself was fantastic.
BUT my dilemma now is, am I entitled to a refund on the legroom seats that were originally booked for the Manchester flight this xmas that were transferred over to the Gatwick flight but they could only accomodate us one way and i paid for both ways.
We have had 2 holidays with Thomas Cook this year spending just under £5,000 and they are refusing to give me back £50 which I think is very poor, needless to say I have already booked next summers holidays with Thompsons. Thomas Cook will not get any more of our money.

you should be entitled to refund for the eXITs one way and I expect u will receive this.

As I said above, the a/c is COSMETICALLY not as nice inside. That does not mean it should not be flying!!!!!!
Dirty seats, yes, I have seen it, IFE not working, yes we know. But as I said, SEVERE delays, not a couple of hrs, it would be hours, hours and hours, you may not be fussed but the other 220 would!!
I'm afraid also that IFE is a niceity, not a must have and it does not say anywhere, it is guaranteed to be onboard. to have a TV working but be delayed 10 hrs, most people would want to get to heir hols or home and skip the film! I'm afraid the flight is more and more seen as a way of getting you from A to B, glad you had an excellent holiday and got home on time, albeit it an hour late. (could have been a whole lot worse)

Mike

Can I ask that you don't post in phone style text, eg u instead of you, as per our Rules of Posting?

Some of our visually impaired members use Screen Readers that do not recognise this type of text.

luci

My last two flights Monarch and Thomson have both had problems with the IFE - did not notice except when they announced it. My book was far better anyway.

fwh

I think I may have given the wrong impression re the IFE its not important that I watch a film, I rarely do anyway, but that's not the point is it? I don't go holiday to read books either,, I much prefer talking and having fun with my husband. I paid for a select holiday which came with these little extras which we didn't get, that on top of the state of the plane and the service on it, we may as well have flown Ryan-air! When you have paid in excess of £1500 each for a 5 star holiday that's what you expect isn't it? We had upgraded to a junior suite which was fantastic, treated like Royalty and yet the flight home spoilt it. And if TC knew their flights wouldn't be used why did they sell us select holidays and why wasn't we told about the change? that's what I mean about poor service.
So if its not guaranteed why should I have paid extra for it? But I think your right, its not a service anymore its just transport, which is a real shame because when I go on holiday I want it to start at the airport, I pay for a service and I expect it to be delivered. Okay the flight couldn't be helped I understand that but to not even get offered a drink or duty frees and the crew sitting behind their curtain for most of the time is a bit much. The Xmas 2007 flight we had with First Choice was excellent we got what we had paid for, unfortunately they don't have a great choice for 5 star AI hotels for the winter that's why we went with TC this year. Seems to me that with Thomas Cook the passenger is just a by the by, treat them as you like, they wont complain and they will accept a low standard. Well I wont. Thomas Cook have seen the last of my money after this Xmas's holiday, which is a shame because the staff at my local TC agency are really helpful, they are being let down by their own company I think. And I am not as confident as you are about getting my legroom refund, they told me on the phone they don't give refunds. I phoned them yesterday after waiting two weeks for an answer to my letter and they just fluffed about saying a letter has been sent on the 18th August 2nd class! I still haven't received it. If I get the refund I will be very pleasantly surprised.

Simple answer.

You have paid x for premium seating. You did not get it. Send a letter by recorded delivery requesting reimbursement of the charges within 14 days from receipt of your letter. You can check online that it has been delivered.State that failing reimbursement by the due date you will seek recompense via the small claims court with together with costs and £50.00 out of pocket expenses. Then take them to court. As they have a contract to supply a service then they are in breach of that I cannot see any defence. It will also cost them a lot more than you are asking for to defend.

The so called 28 day rule realistically applies where the matter requires time to investigate a complaint. In this case because they substituted an aircraft they will be aware of the problem.

fwh

Oh if only it were that simple!
I probably have confused everyone with my problem so will explain again. I booked the legroom seat on the Manchester flight because there were no Gatwick flights, then a few weeks ago Gatwick flights were available so we changed over BUT the legroom seats could only be supplied one way which i accepted,when i asked what would happen to the money i had paid for both ways i was told i could have a refund for the journey where we couldn't have the seats. Now they are saying they don't give refunds.
Yesterday (sat) I received a letter from them acknowledging my letter and they would be in touch within 28 days as you have said.
I will wait for the next letter to see what they say and if no joy I will do as you have suggested.
Thanks for your help.
Rosie

Have they charged you a fee to change your booking? If not then they probably could have done. I did have a booking for flights once or twice and I was being sent all over Europe to reach an easy destination. I then asked them if they could get me a direct flight out of Manchester which they did. There was a surcharge of £50 for the Leeds/Bradford flight and they did refund that amount. This was because the flights had not been booked.
Contrary to this I decided to do cruise only as the Cruise Company were sending me to London/Singapore/Sydney/Auckland. This flight was with Qantas. I was able to booked with Singapore to fly Manchester direct to Sia and then direct to Auckland. The cruise company could not get these flights for me. I then did cruises only and although no flights had been allocated they charged me £35 to amend the booking.
It all depends I suppose just what is going on.

Sue

Hi Sue,
My agent told me they had used our low deposit of £50 as the amend charge which I gather is good, although we have to pay another £248 surcharge for the Gatwick flight.But even with that added its still better than driving 5 hours to manchester, and the cost of the fuel and a hotel would be more than that anyway.
Rosie